Rhode Island DUI and Criminal Defense Attorney Josh Macktaz shares his expertise on the subjects of field sobriety tests and talking to the police. Josh is a former Rhode Island State prosecutor and is sharing his intimate knowledge of the system in Rhode Island with you.

“ Should I refuse a breathalyzer test?” This is a question that is asked often, and the answer varies depending on your individual situation. Breathalyzer refusal results in the automatic suspension of your license after the arraignment but prior to any hearing. If you refuse the breathalyzer your chances of winning your case are very low. The state only has to show probable cause to arrest you, that your rights were read to you, and that they had reasonable suspicion that you were operating your vehicle under the influence.In the state of Rhode Island you most likely will be charged with criminal DUI if you refuse the breathalyzer test. Many municipalities in Rhode Island will dismiss the criminal case of you agree to a plea for the minimum penalty (6 months) at your refusal hearing. The advantage of a refusal over a criminal DUI case is that the penalty for a first refusal is a civil violation, and that will not be a criminal conviction on your record.

If you agree to blow into the Breathalyzer and fail the test, you will be charged with criminal DUI. These cases are more difficult for the prosecution to prove than a refusal. Your chances of winning a criminal DUI case with the right defense attorney are much greater than a refusal case. Submitting to the Breathalyzer test does not mean that you will lose your license. You will only lose your license if you are convicted of criminal DUI, so you are still able to drive while your case is proceeding.

Rhode Island DUI and Criminal Defense Attorney Josh Macktaz shares his expertise on the subjects of field sobriety tests and talking to the police. Josh is a former Rhode Island State prosecutor and is sharing his intimate knowledge of the system in Rhode Island with you. Part 2 in the series of what to do, and not to do, if pulled over for DUI in Rhode Island. Take the breathalyzer test at the police station.

Challenging the Admissibility of the Breath Test Results

A seasoned Rhode Island DUI Attorney will pay careful attention to the following legal details when examining your case:

The police must have probable cause to request you submit to a chemical test for purposes of a criminal charge

The police must advise you of your right to have an independent chemical test performed by a physician or hospital of your choosing and afforded a reasonable chance to exercise this right

The police must observe you for at least 15 minutes prior to you taking the breath test

A true copy of the breath test results must be mailed to you within 72 hours of the test

The breath test machine must be in full compliance with the regulations set out by the Department of Health.

The breath test operator must be certified within 365 days of the test

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.